18.2

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18.2
The Rise of Risk in International Law
Stephen Townley
The author is Senior Program Manager of the TrialWatch project at the Clooney Foundation for Justice. He previously served as Deputy Legal Adviser at the U.S. Mission to the United Nations.

This Article is written in the author’s personal capacity, and the views expressed in this Article do not represent those of CFJ or of the United States government. 

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18.2
Erosion of the Rule of Law as a Basis for Command Responsibility under International Humanitarian Law
Amy H. McCarthy
Assistant Professor, Department of Law, United States Military Academy, West Point. The author is a former active duty Army Judge Advocate.

Many thanks to Lieutenant Colonel Scott Vansweringen for helpful comments and suggestions. The views expressed here are the author’s personal views and do not necessarily reflect those of the Department of Defense, the United States Army, the United States Military Academy, or any other department or agency of the United States Government.

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18.2
“We Only Spy on Foreigners”: The Myth of a Universal Right to Privacy and the Practice of Foreign Mass Surveillance
Asaf Lubin
J.S.D. Candidate at Yale Law School (expected 2018), resident fellow with the School’s Information Society Project, and a Robert L. Bernstein International Human Rights Fellow with Privacy International.

I want to thank the discussants, organizers, and participants at the Tel Aviv University, Buchmann Faculty of Law’s 4th Annual Workshop for Junior Scholars in Law, titled “Law in a Changing Society”; the Sussex Center for Human Rights Research Conference, titled “Challenging Human Rights Disenchantment: 50 Years on from the ICCPR and ICESCR”; the Michigan Law School’s Third Annual Young Scholars Conference; the Westminster International Law Lectures Series; and the PLSC-Europe and TILTing2017 Conferences. Thank you to all of you for your thoughtful comments, critiques, and questions surrounding previous drafts of this piece. I particularly wish to thank Margo Schlanger, Tal Zarsky, Marco Roscini, Marco Longobardo, Eliza Watt, Nico Van Ejik, and Nicholas Gross, for their invaluable feedback. I wish to thank the editorial board and staff of the Chicago Journal of International Law, and in particular Ben, Zach, Caroline, and Jared. I found the process of working with CJIL to be tremendously enjoyable, and the comments and edits provided by its staff to be significantly valuable in improving the overall quality of the final piece. The below is an expression of my own academic thoughts, and in no way should be construed to reflect the views of any of the organizations with which I am associated.

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18.2
The United Nations Security Council’s Implementation of the Responsibility to Protect: A Review of Past Interventions and Recommendations for Improvement
Jared Genser
Jared Genser (B.S. Cornell University 1995; M.P.P. Harvard University 1998; J.D. University of Michigan 2001) is Managing Director of Perseus Strategies and Adjunct Professor of Law at Georgetown University Law Center.

He would like to thank Anna Verney, Elise Baranouski, Antonia David, and Julia Kuperminc for their superb research and editing assistance.

 

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18.2
Judicial Deference Allows European Consensus to Emerge
Shai Dothan
Associate Professor of International and Public Law (tenured), University of Copenhagen Faculty of Law affiliated with iCourts – the Centre of Excellence for International Courts. PhD, LLM, LLB, Tel Aviv University Faculty of Law.

I thank Mads Andenas, Julian Arato, Patrick Barry, Or Bassok, Eyal Benvenisti, Lisa Bernstein, Eirik Bjorge, David Thór Björgvinsson, Andreas Føllesdal, Olga Frishman, Tom Ginsburg, Jonathan Lewy, Mikael Rask Madsen, Ariel Porat, Giovanni Ramello, and Jens T. Theilen for many instructive conversations and comments. I thank participants at the conference “A Future for the Margin of Appreciation in International Law?”, the Hebrew University of Jerusalem International Law Forum, the Interdisciplinary Center Herzliya Law School Faculty Seminar, the MultiRights Seminar at the University of Oslo, the ICON-S Israel Founding Conference, and the German Law and Economics Association 2017 Annual Meeting. This research is funded by the Danish National Research Foundation Grant no. DNRF105 and conducted under the auspices of iCourts, the Danish National Research Foundation’s Centre of Excellence for International Courts.

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18.2
Enforcing a Prohibition on International Espionage
Jared Beim
J.D. Candidate, 2018, The University of Chicago Law School.

I would like to thank Professor Nicholas Stephanopoulos for his valuable feedback throughout the writing process. I would also like to thank Charles Eaton, Zac Henderson, Abigail Majane, Caroline Wood, Benjamin Moss, and Jasmine Mehdizadeh for their thoughtful comments.